(A) Discharge of firearms on or near prohibited premises. No person shall do any of the following:
(1) Without permission from the proper officials and subject to division (B)(1) below, discharge a firearm upon or over a cemetery or within 100 yards of a cemetery;
(2) Subject to division (B)(2) below, discharge of a firearm on a lawn, park, pleasure ground, orchard, or other ground appurtenant to a schoolhouse, church, or inhabited dwelling, the property of another, or a charitable institution;
(3) Discharge a firearm upon or over a public road or highway.
(B) Application of division (A) above.
(1) Division (A)(1) above does not apply to a person who while on the person’s own land, discharges a firearm.
(2) Division (A)(2) above does not apply to a person who owns any type of property described in that division and who, while on the person’s own enclosure, discharges a firearm.
(C) Penalty for violation of division (A) above. Whoever violates division (A) above is guilty of discharge of a firearm on or near prohibited premises. A violation of divisions (A)(1) or (A)(2) above is a misdemeanor of the fourth degree. A violation of division (A)(3) above shall be punished as follows:
(1) Except as otherwise provided in division (C)(2) above, a violation of division (A)(3) above is a misdemeanor of the first degree.
(2) If the violation created a substantial risk of physical harm to any person, caused serious physical harm to property, caused physical harm to any person, or caused serious physical harm to any person, a violation of division (A)(3) is a felony to be prosecuted under appropriate state law.
(R.C. § 2923.162)
(D) Hunting near township park.
(1) No person shall hunt, shoot, or kill game within one-half mile of a township park unless the Board of Township Park Commissioners has granted permission to kill game not desired within the limits prohibited by this division.
(R.C. § 3773.06)
(2) Whoever violates division (D)(1) above is guilty of a misdemeanor of the fourth degree.
(R.C. § 3773.99(A))
(E) Unlawful discharge. No person shall discharge any BB gun, air gun, or firearm, or make use of any sling, bow and arrow, or crossbow, within the corporate limits of the municipality.
(F) Unlawful pointing or aiming. No person shall, intentionally and without malice, point or aim any BB gun, air gun, or firearm, or any sling, bow and arrow, or crossbow at or toward another.
(G) Penalty for violations of division (E) or (F) above. Whoever violates divisions (E) or (F) above is guilty of a misdemeanor of the fourth degree.
(H) Exceptions. This section shall not prohibit the firing of a military salute or the firing of weapons by persons of the nation’s armed forces acting under military authority, and shall not apply to law enforcement officials or other government officials in the proper enforcement of the law, or to any person in the proper exercise of the right of self defense, or to any person otherwise lawfully permitted by proper federal, state or local authorities to discharge a BB gun, air gun, or firearm, or to use a sling, bow and arrow, or crossbow in a manner contrary to the provisions of this section. Division (E) above does not extend to cases in which BB guns, air guns, or firearms, or slings, bows and arrows, or crossbows are used in the confines of structures or used within the confines of a person’s own property, provided such use is under adult supervision and is approved by the municipality.
(I) (1) This section is hereby amended to read that a Bow Hunting of Deer Program may exist on the south 80 acres only within the village and that in all other respects, this section shall remain unchanged and in full force and effect.
(2) Any bow hunting done on the South 80 Acres must comply with the rules and regulations that have been prepared by the Chief of Police and Safety Committee Chairperson, as well as a hunter application form, both of which shall be on file with the Village Police Department. Further, any hunting done within the village on the South 80 Acres may only be done during the bow deer hunting season as established by the state.
(3) The village will establish a comprehensive public awareness program to both educate and advise the public of the Village’s Hunting Program. Said public awareness program shall be administered by the Chief of Police of the village.
(4) The village will implement a long-term village-wide public education program to inform residents as to what they can do to help control and avoid incursions with deer and coyotes.
(5) The village will encourage a continuous public feedback program to:
(a) Help to determine deer and coyote population levels;
(b) Help to track the location of deer and coyotes in the village;
(c) Quantify deer damage to property;
(d) Report and log any safety issues such as deer/vehicle accidents, deer or coyotes in residential areas, deer in streets, aggressive deer or coyote encounters, and the like.
(6) The village will make recommendations for changes in the deer information and control program continuously to improve safety.
(2000 Code, § 137.09) (Ord. O-12-09, passed 9-28-2009)
Statutory reference:
Improperly discharging firearm at or into habitation or school safety zone, felony offense, see R.C. § 2923.161